Jury awards $70 million for helicopter crash on Iron Complex fire

After deliberating for over a week a jury in Oregon decided on Tuesday that the manufacturer of the engines was at fault for the crash of a helicopter that was transporting wildland firefighters on the Iron Complex (or Iron 44 fire) in 2008. Nine people died in the crash as it attempted to take off from a remote helispot in northern California. Seven of those killed were firefighters. One was a U.S. Forest Service check pilot, observing the operation of the helicopter’s crew, and another was one of the two pilots working for the owner of the ship, Carson Helicopters.

The surviving pilot, William Coultas, his wife, and the estate of the pilot who was killed, Roark Schwanenberg, brought a $177 million lawsuit against General Electric, the manufacturer of the engines.

The jury, after deliberating for six days, made the following awards, totaling $69.7 million:

  • $37 million to William Coultas
  • $4.3 million to Coultas’ wife
  • $28.4 million to the estate of Roark Schwanenberg

Their case revolved around the plaintiffs’ belief that there were problems with a fuel control valve and that the specifications on the fuel filters were inadequate to remove contaminants. They claimed that GE had been aware of the problem for six years.

GE’s defense was along the same lines as the findings of a National Transportation Safety Board investigation of the crash, which determined that the owner and operator of the Sikorsky S-61N helicopter, Carson Helicopters, under-stated the weight of the helicopter and over-stated its performance in the documents they provided to the U.S. Forest Service when bidding on their firefighting contract. The NTSB estimated that the actual empty weight of the helicopter was 13,845 pounds, while Carson Helicopters stated in their contract proposal that the weight was 12,013 pounds. For the purpose of load calculations on the day of the crash, the pilot assumed the weight to be 12,408 pounds, which was 1,437 pounds less than the actual weight estimated by the NTSB. According to their findings, for the mission of flying the firefighters off the helispot, the helicopter was already over the allowable weight even without the firefighters on board.

The families of eight men who were killed and three who were injured, previously reached out-of-court settlements with Carson Helicopters and the manufacturer of the helicopter, Sikorsky.

Some of the details of the monetary award still have to be worked out. Here is an excerpt from Oregonlive, which says the jury…

…found GE 57 percent at fault — and attorneys will argue in the next 10 days whether that means GE must pay all $70.455 million that the jurors awarded, or whether GE must pay only 57 percent, which amounts to about $40 million.

Jurors found Carson Helicopters 23 percent at fault, but the company won’t be liable for paying its share of the verdict because a judge dismissed them from the case. The jury also found Sikorsky 20 percent at fault, but the company settled with the plaintiffs for an undisclosed amount shortly after trial started. That means Sikorsky isn’t responsible for paying any of the verdict, said Anderson, the plaintiffs’ attorney.

After the crash the U.S. Forest Service canceled their contract with Carson Helicopters. The company then surrendered their FAA Certificate which is equivalent to an operating license. However, they may still be flying for the military in Afghanistan as a subcontractor for the company formerly known as Blackwater Worldwide, which was renamed “Xe”.

Killed in the crash were pilot Roark Schwanenberg, 54; USFS check pilot Jim Ramage, 63; and firefighters Shawn Blazer, 30; Scott Charlson, 25; Matthew Hammer, 23; Edrik Gomez, 19; Bryan Rich, 29; David Steele, 19; and Steven “Caleb” Renno, 21.

Jury deliberating on $17 million suit related to fatal helicopter crash on Iron Complex fire

A jury in Oregon is deliberating, after a week-long trial, a case related to the crash of a helicopter on the Iron Complex (or Iron 44) fire in northern California in 2008 that killed nine firefighters and crew personnel. The lawsuit was initiated by the surviving co-pilot, William Coultas, and the estate of the pilot who died, Roark Schwanenberg. They are suing the maker of the helicopter’s engines, General Electric, for $177 million, claiming there were problems with a fuel control valve and that the specifications on the fuel filters were inadequate to remove contaminants.

GE’s position agrees with the findings of the NTSB which determined that the owner and operator of the Sikorsky S-61N helicopter, Carson Helicopters, under-stated the weight of the helicopter and over-stated its performance in the documents they provided to the U.S. Forest Service when bidding on their firefighting contract. The NTSB estimated that the actual empty weight of the helicopter was 13,845 pounds, while Carson Helicopters stated in their contract proposal that the weight was 12,013 pounds. For the purpose of load calculations on the day of the crash, the pilot assumed the weight to be 12,408 pounds, which was 1,437 pounds less than the actual weight estimated by the NTSB. According to their findings, for the mission of flying the firefighters off the helispot, the helicopter was already over the allowable weight even without the firefighters on board.

Mr. Coultas has long claimed that Carson Helicopters and the two pilots were not at fault for the accident and that the engines did not provide full power as they lifted off the helispot that day with a load of wildland firefighters. The NTSB disagreed, saying that the engines were operating at full power when the rotors clipped trees as it tried but failed to gain adequate altitude.

Killed in the crash were pilot Roark Schwanenberg, 54; pilot Jim Ramage, 63; Shawn Blazer, 30; Scott Charlson, 25; Matthew Hammer, 23; Edrik Gomez, 19; Bryan Rich, 29; David Steele, 19; and Steven “Caleb” Renno, 21.

The jury began their deliberations on Thursday, March 15. We will update this article when they return a verdict.

Thanks go out to Christian and Dick

Co-pilot of crashed Iron fire helicopter disputes NTSB findings

William “Bill” Coultas of Cave Junction, Oregon says the National Transportation Safety Board ignored his testimony and came to the wrong conclusion about the cause of the helicopter crash on the Iron Complex fire in 2008 near Weaverville, California in which 9 firefighters and helicopter crew members died.

The NTSB concluded in their public meeting on December 7 that Carson Helicopters intentionally under-stated the weight of the helicopter and over-stated its performance in the documents they provided to the U.S. Forest Service when bidding on their firefighting contract. This led to the helicopter being overloaded, making it impossible for it to gain altitude when it attempted to take off from the Iron 44 helispot at 6,000 feet in the Trinity Alps.

Here is an excerpt from an article in the Mercury News:

…”I was speechless—I could not believe what I was hearing,” [Coultas] said after the NTSB report was released Tuesday. “I was there. I had the best seat in the house. I knew what happened.”

Coultas, 46, is still recovering from severe burns suffered in the August 2008 crash in Northern California that also killed pilot Roark Schwanenberg of Lostine.

Carson helicopters

Both Coultas and the Schwanenberg family have sued engine manufacturer General Electric, as well as Sikorsky and a maintenance company, Columbia Helicopters, citing engine failure, among other things.

They say the NTSB investigators were responsible for losing engine fuel control parts that would have backed up the copilot’s testimony.

“We want the truth to come out about the loss of engine parts and actual cause of the accident,” said Gregory A. Anderson, an attorney from Ponte Vedra Beach, Fla., who represents both the Coultas and Schwanenberg families.

Lawyers for the three companies did not immediately respond to e-mails Friday from The Associated Press seeking comment on the litigation.

The NTSB concluded that aircraft owner Carson Helicopters Inc. of Merlin deliberately understated the weight of its Sikorsky S-61N helicopter.

The report also said both the U.S. Forest Service and the Federal Aviation Administration failed to notice the understatement.

Carson Helicopters said in a statement that a clogged fuel control unit and other issues were responsible for the crash. The company also laid the blame for underestimating the weight of the aircraft on the actions of an unnamed single manager.

In their public meeting on December 7 the NTSB said the fuel system parts played no role in the crash and that the engines were operating at full power as it attempted to take off.

It was announced last week that Carson Helicopters surrendered their FAA certificate, equivalent to a license to operate, but last year the company signed a contract with a subsidiary of Blackwater Worldwide (which recently changed their name to “Xe”) to use seven of their Sikorsky S-61 helicopters in Afghanistan.

Summary of the investigation into the Iron Complex fire, 9-fatality helicopter crash

Carson helicopters

Yesterday we provided live coverage of the National Transportation Safety Board’s all-day meeting about the 2008 crash of the Sikorsky S-61N helicopter on the Iron Complex fire near Weaverville, California in which nine firefighters died. The pilot-in-command, a U.S. Forest Service check pilot, and seven firefighters were fatally injured; the copilot and three firefighters were seriously injured. The helicopter was operated by Carson Helicopters, Inc. of Grants Pass, Oregon.

According to the NTSB, there was “intentional wrong-doing” by Carson Helicopters that under-stated the weight of the helicopter and over-stated the performance of the helicopter in the documents they provided to the USFS when bidding on their firefighting contract. The NTSB estimated that the actual empty weight of the helicopter was 13,845 pounds, while Carson Helicopters stated in their contract proposal that the weight was 12,013 pounds. For the purpose of load calculations on the day of the crash, the pilot assumed the weight to be 12,408 pounds, which was 1,437 pounds less than the actual weight estimated by the NTSB. According to the NTSB, for the mission of flying the firefighters off the helispot, the helicopter was already over the allowable weight even without the firefighters on board.

In addition, here is an excerpt from the NTSB report:

The altered takeoff (5-minute) power available chart that was provided by Carson Helicopters eliminated a safety margin of 1,200 pounds of emergency reserve power that had been provided for in the load calculations.

The pilot-in-command followed a Carson Helicopters procedure, which was not approved by the helicopter’s manufacturer or the U.S. Forest Service, and used above-minimum specification torque in the load calculations, which exacerbated the error already introduced by the incorrect empty weight and the altered takeoff power available chart, resulting in a further reduction of 800 pounds to the safety margin intended to be included in the load calculations.

The incorrect information—the empty weight and the power available chart—provided by Carson Helicopters and the company procedure of using above-minimum specification torque misled the pilots to believe that the helicopter had the performance capability to hover out of ground effect with the manifested payload when, in fact, it did not.

The NTSB has notified the Department of Transportation’s Inspector General that Carson’s actions may merit a criminal investigation.

The NTSB and the FAA seem to have a rocky relationship. Some of the recommendations that the NTSB makes to the FAA following accident investigations are ignored, which frustrates the NTSB. This was evident a couple of times in the meeting yesterday. The AP reports on an example of this tension that affected the NTSB’s ability to investigate the Iron 44 fire fatal accident:

Two months after the accident, the FAA office in charge of overseeing Carson received letters from two pilots with knowledge of Carson’s operations who expressed concern that the company was miscalculating helicopter weights, investigators said.

Investigators said that if FAA had provided NTSB with that information at the time, it would have helped them figure out sooner that the weight calculations were faulty. FAA was a party to the accident investigation and its inspectors were aware of the investigation, they said.

However, FAA dismissed the allegations and didn’t provide the letters to NTSB until about a year later after the investigators made a general request for documents related to the agency’s oversight of Carson after the crash, investigators said.

Carson surrenders FAA certificate, but may still be operating in Afghanistan

It was reported by the FAA after the NTSB meeting on Tuesday that Carson Helicopters has surrendered their FAA Certificate, which is equivalent to an operating license. However, they may still be flying for the military as a subcontractor. The Mail Tribune in Medford, Oregon reported in January, 2009 that Carson Helicopters signed a contract with a subsidiary of Blackwater Worldwide (which recently changed their name to “Xe”) to use seven of their Sikorsky S-61 helicopters in Afghanistan. The contract, worth $605 million through 2013, is for the helicopters to transport supplies; they will not be involved in combat.

Fuel Control Unit missing

Conspiracy theory enthusiasts will enjoy speculating about the fuel control unit that went missing after it was gathered as evidence. The NTSB says the part played no role in the accident and that both engines were operating at full power during the accident. However, Carson is saying the crash was caused when one engine experienced a loss of power caused by the part that later disappeared. If Carson can successfully deflect blame to the company that manufactured the part, or at least establish some doubt about the accident’s cause, it may reduce their financial liability.

Who regulates wildfire aviation?

The answer is: nobody. The FAA claims they have no authority to regulate the aviation activities of other federal agencies or state and local governments. This authority has to be granted by Congress, which has shown no interest in becoming involved in the aviation safety of firefighters. And the federal agencies, or at least the U.S. Forest Service as proven in this accident, generally do not have the aviation expertise to inspect and regulate their own agency-owned or contracted aircraft. Good luck in trying to not think about this the next time you’re climbing into a helicopter at a fire. (Let’s see – got hard hat, gloves, line gear, tool, life insurance.)

NTSB report

We have a copy of the NTSB’s Conclusions, Probable Causes, and Recommendations, released yesterday, on our Documents page. Some of the highlights are below.

Continue reading “Summary of the investigation into the Iron Complex fire, 9-fatality helicopter crash”

Families of Iron 44 helicopter crash victims reportedly settle suits

The Oregonian newspaper reports that seven of the families of the firefighters that were killed and three that were injured in the crash of the helicopter on the Iron 44 fire in 2008 have reached a tentative settlement in various lawsuits.

On August 5, 2008, a Sikorsky S-61 helicopter crashed as it was taking off from a helispot on the fire in the Shasta-Trinity National Forest in northern California. Nine were killed, including a pilot, a check pilot, and seven contract firefighters with Grayback Forestry.

An attorney representing some of the families said a tentative agreement has been reached with Carson Helicopters, Columbia Helicopters, and the U.S. Forest Service, but the dollar amount is still being finalized. No agreement has yet been reached with Sikorsky, the manufacturer of the helicopter, or General Electric, which built the engines.

The Oregonian reports that the families of Roark Schwanenberg, the pilot who died, and Jim Ramage, a Forest Service check pilot, as well as surviving pilot William Coultas, did not reach settlements with any of the five defendants.

A contributing factor in the crash may have been the weight of the helicopter as it attempted to take off from the helispot with the ten firefighters, tools, two pilots, and one check pilot. In their report, the National Transportation Safety Board estimated that the actual empty weight of the helicopter was 13,845 pounds, while Carson Helicopters stated in their contract proposal that the weight was 12,013 pounds. For the purpose of load calculations on the day of the crash, the pilot assumed the weight to be 12,408 pounds, which was 1,437 pounds less than the actual weight estimated by the NTSB. In addition, the manifest for that fatal flight calculated that the payload was 2,355 pounds, while the NTSB report estimated that the actual payload was 3,005, a difference of 650 pounds. So the actual total weight of the loaded helicopter as it attempted to take off from the helispot may have been 2,087 pounds heavier than anyone at the fire realized, according to data in the report.

After the crash, the U.S. Forest Service weighed the 10 Carson helicopters that were under contract. They found that seven of them were heavier than Carson had stated in their contract proposals, by an average of 490 pounds. The USFS later canceled their contract with Carson.

In 2009 Carson obtained a contract to supply seven Sikorsky S-61 helicopters to haul supplies for the U. S. military in Afghanistan. The company is partnering with a subsidiary of Blackwater Worldwide, which recently changed their name to “Xe”.

Killed on the Iron 44 incident were pilot Roark Schwanenberg, check pilot Jim Ramage, Shawn Blazer, Scott Charlson, Matthew Hammer, Edrik Gomez, Bryan Rich, David Steele, and Steven “Caleb” Renno. Injured were William Coultas, Richard Schroeder Jr., Jonathan Frohreich, and Michael Brown.

The Wildland Firefighter Foundation has a tribute page online [HERE] and CALFIRE has one [HERE].

Missing engine part from Iron 44 helicopter crash

One “possibly crucial engine part” from the fatal helicopter crash on the Iron 44 fire last year in northern California that killed nine firefighters and pilots was missing when the crash debris was shipped from Columbia helicopters to the National Transportation Safety Board.

From Aero-News.net:

The wreckage from the aircraft involved in the so-called “Iron 44” incident had been sent to Columbia Helicopters, where NTSB and FAA officials observed while technicians tore down the aircraft’s engines. The NTSB subsequently asked that the engines be shipped to Washington, DC, but a footnote in the 500 page preliminary report indicates  “upon opening the shipping containers, an inventory of the hardware revealed that the following components from the FCU (Fuel Control Unit) Number 1 were not present: Metal position adjusting cover, snap retainer ring, spring retainer cap, spring and bellows.”

The FCU’s control the amount of fuel delivered to the engines.

A review of the video recording of Columbia employees packing the shipping containers shows the parts were not among the items shipped.

KDRV-TV reports that the general council for Columbia Helicopters said, while employees have searched “high and low” for the missing parts, they have been unable to locate them. The company says the FCU’s may not be a focus of the investigation, and therefore may not be important.
 
Greg Anderson, the attorney for William Coultas, the surviving pilot from the crash, as well as the family of one of those killed in the incident, told the station the omission of the parts from the shipment is “highly suspicious.”

 

 

Thanks Kelly